HHS defines a breach as “an impermissible use or disclosure under the Privacy Rule that compromises the security or privacy of the protected health information.” The Breach Notification Rule outlines which types of breaches must be reported and how. The Breach Notification Rule requires covered entities and business associates to notify OCR when ePHI has been breached. The HITECH Act incentivized the use of EHR in the U.S., strengthened HIPAA security and privacy protections, and increased the legal and financial liability for non-compliant organizations. The Omnibus Rule also introduced new provisions required by the Health Information Technology for Economic and Clinical Health (HITECH) Act - part of the American Recovery and Reinvestment Act of 2009. Most notably, the Omnibus Rule defines the role of business associates, which were not previously subject to HIPAA rules, and outlines the criteria for Business Associate Agreements (BAAs). HHS enacted the final Omnibus Rule in 2013 to address policy gaps in earlier HIPAA rules. (More on all three below.) HIPAA Omnibus Rule This rule requires healthcare organizations to have three types of data security safeguards in place - including administrative, physical, and technical safeguards. More specifically, the Security Rule sets national standards for the protection of electronically protected health information (ePHI) - including how that data should be handled, maintained, and transmitted. The Security Rule tells them how to do it. The HIPAA Privacy Rule requires organizations to secure PHI. Healthcare providers are required to develop and implement written privacy policies for their organizations, to notify patients (in writing) about these policies, and to provide annual HIPAA training for staff. The rule also guarantees patients the “Right to Access” most of their personal health information and obtain copies of their medical records. The HIPAA Privacy Rule outlines how healthcare providers can use patient data, what they can disclose without the patient’s permission, and to whom. Simply put, any medical information that can be tied to a specific patient is protected by HIPAA. Healthcare organizations and providers are required to protect this information “in any form or media, whether electronic, paper, or oral” when it contains PHI such as name, phone number, birth date, Social Security Number, or any other personal identifier. The Privacy Rule sets national standards for the protection of “individually identifiable health information” - which includes information about a patient’s mental or physical health, medical treatments, or payment history. Since then, the Department of Health and Human Services (HHS) has added a series of HIPAA rules that require healthcare organizations - and their business associates - to protect patient privacy and secure patient data. Business associate categories include:Ĭongress passed HIPAA legislation in the mid-1990s, with two goals in mind: to improve the portability of health insurance when people changed jobs and to reduce healthcare fraud and waste. HIPAA Privacy and Security Rules require compliance from all “Covered Entities” and their “Business Associates.”Ĭovered Entities are healthcare organizations or professionals that create, maintain, or transmit protected health information (PHI) - including healthcare providers such as doctors, nurses, hospitals, and pharmacies, as well as health plans and healthcare clearinghouses.īusiness Associates are service providers or professionals who carry out healthcare functions or activities on behalf of covered entities and need PHI access to do their jobs. What is HIPAA compliance? Who needs to comply? And what does it take to build a robust HIPAA compliance program? Who Needs to Be HIPAA Compliant? To protect patient health information and the organization’s bottom line, healthcare organizations must know how to become HIPAA Compliant. Loose lips, unencrypted messages, and unlocked server room doors can also lead to expensive violations. Hackers aren’t the only HIPAA security threat. The next highest price tag is just $5.40 for payment records. It’s also the most valuable data on the black market, where medical records are worth $250 apiece. Thanks to the Health Insurance Portability and Accountability Act (HIPAA), health data is highly protected. Customer privacy and cybersecurity are critical issues for most industries, but none more than healthcare.
0 Comments
Leave a Reply. |